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Author: Gautam Bhatia
Publisher: Bloomsbury Publishing
ISBN: 1509967621
Category : Law
Languages : en
Pages : 287
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Book Description
This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.
Author: Gautam Bhatia
Publisher: Bloomsbury Publishing
ISBN: 1509967621
Category : Law
Languages : en
Pages : 287
Get Book Here
Book Description
This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.
Author: Eleni Frantziou
Publisher: Oxford Studies in European Law
ISBN: 9780198837152
Category : Law
Languages : en
Pages : 0
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Book Description
This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.
Author: Sonya Walkila
Publisher:
ISBN: 9789089521811
Category : Charter of Fundamental Rights of the European Union
Languages : en
Pages : 0
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Book Description
The Court of Justice strives to interpret and apply the law in a way which contributes to a build-up of a coherent case law and conforms to fundamental rights as closely as possible. The immediate source of the jeopardising act or degree of the incurred effects should not prove decisive. Rather, the horizontal effect of fundamental rights contributes to the ‘primacy, unity and effectiveness of European Union law’. This study suggests it is feasible to consider the horizontal effect of fundamental rights in the context of EU law. However, because of the semantic and structural openness of fundamental right norms they often necessitate the deduction of a more concrete normative content. This concretization of abstract norms makes adjudicating on the basis of fundamental rights a delicate matter, since it gives great power to the courts. Where this power is extended to the area which typically falls in the sphere of private law, it grows even stronger.
Author: Jamal Greene
Publisher: Mariner Books
ISBN: 1328518116
Category : Business & Economics
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Juan Villoro
Publisher: Vintage
ISBN: 1524748897
Category : History
Languages : en
Pages : 369
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Book Description
At once intimate and wide-ranging, and as enthralling, surprising, and vivid as the place itself, this is a uniquely eye-opening tour of one of the great metropolises of the world, and its largest Spanish-speaking city. Horizontal Vertigo: The title refers to the fear of ever-impending earthquakes that led Mexicans to build their capital city outward rather than upward. With the perspicacity of a keenly observant flaneur, Juan Villoro wanders through Mexico City seemingly without a plan, describing people, places, and things while brilliantly drawing connections among them. In so doing he reveals, in all its multitudinous glory, the vicissitudes and triumphs of the city ’s cultural, political, and social history: from indigenous antiquity to the Aztec period, from the Spanish conquest to Mexico City today—one of the world’s leading cultural and financial centers. In this deeply iconoclastic book, Villoro organizes his text around a recurring series of topics: “Living in the City,” “City Characters,” “Shocks,” “Crossings,” and “Ceremonies.” What he achieves, miraculously, is a stunning, intriguingly coherent meditation on Mexico City’s genius loci, its spirit of place.
Author: Cristina Izquierdo-Sans
Publisher: Springer Nature
ISBN: 303072798X
Category : Law
Languages : en
Pages : 298
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Book Description
This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Author: Lawrence Meir Friedman
Publisher: Yale University Press
ISBN: 0300147201
Category : Social Science
Languages : en
Pages : 321
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Book Description
This book argues that modern technology has radically and irretrievably altered our sense of identity and hence our social, political, and legal life. In traditional societies, relationships and identities were strongly vertical: there was a clear line of authority from top to bottom, and identity was fixed by one's birth or social position. But in modern society, identity and authority have become much more horizontal: people feel freer to choose who they are and to form relationships on a plane of equality. The author examines how modern life centers on human identity seen in terms of race, gender, ethnicity, and religion, and how this new way of defining oneself affects politics, social structure, and the law. He claims that our horizontal society is the product of the mass media -- in particular, television -- which break down the isolation of traditional life and allow individuals to connect with like-minded others across barriers of space and time. As horizontal groups blossom, loyalties and allegiances to smaller groups fragment what seemed to be the unity of the larger nation. In addition, the media's ability to spread a global mass culture causes a breakdown of cultural isolation that leads to more immigration and heavy pressure on the laws and institutions of citizenship and immigration.
Author: Anthony Arnull
Publisher: Bloomsbury Publishing
ISBN: 1847316360
Category : Law
Languages : en
Pages : 688
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Book Description
This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.
Author: Chelsea Handler
Publisher: Grand Central Publishing
ISBN: 1455577529
Category : Humor
Languages : en
Pages : 141
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Book Description
In this raucous collection of true-life stories, Chelsea Handler recounts her time spent in the social trenches with that wild, strange, irresistible, and often gratifying beast: the one-night stand. You've either done it or know someone who has: the one-night stand, the familiar outcome of a night spent at a bar, sometimes the sole payoff for your friend's irritating wedding, or the only relief from a disastrous vacation. Often embarrassing and uncomfortable, occasionally outlandish, but most times just a necessary and irresistible evil, the one-night stand is a social rite as old as sex itself and as common as a bar stool. Enter Chelsea Handler. Gorgeous, sharp, and anything but shy, Chelsea loves men and lots of them. My Horizontal Life chronicles her romp through the different bedrooms of a variety of suitors, a no-holds-barred account of what can happen between a man and a sometimes very intoxicated, outgoing woman during one night of passion. From her short fling with a Vegas stripper to her even shorter dalliance with a well-endowed little person, from her uncomfortable tryst with a cruise ship performer to her misguided rebound with a man who likes to play leather dress-up, Chelsea recalls the highs and lows of her one-night stands with hilarious honesty. Encouraged by her motley collection of friends (aka: her partners in crime) but challenged by her family members (who at times find themselves a surprise part of the encounter), Chelsea hits bottom and bounces back, unafraid to share the gritty details. My Horizontal Life is one guilty pleasure you won't be ashamed to talk about in the morning.
Author: Gunther Teubner
Publisher: Critical Theory and Contemporary Society
ISBN: 9781526107220
Category : Autopoiesis
Languages : en
Pages : 408
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Book Description
This volume collects and revises the key essays of Gunther Teubner, one of the world's leading sociologists of law. Written over the past twenty years, these essays examine the 'dark side' of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
